When any new lawsuit is filed and the party filing it claims relief, lawyers and their clients are bound to follow the Federal Rules of Civil Procedure. Compliance is not optional.
This includes The Former Guy and his new lawsuit that were discussed here the day after that new lawsuit was filed. So that as many people as possible can understand all this, let me try to explain it here (and hopefully without sounding too much like a lawyer, if I can).
The Rules of Civil Procedure that lawyers and their clients are bound to follow in federal court, whether they like it or not, include Rule 8(a):
(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
To break it down into digestible pieces, this Rule applies to every party who states a claim for relief from a federal court, as TFG tried to do in his new case, Southern District of Florida No. 22-cv-81294-AM. The first thing they have to do is write "a short and plain statement of the grounds for the court's jurisdiction," which the "motion" that was filed in the new lawsuit just did not do.
The first thing the judge ordered, two days after the motion was filed, was to state why the Court has jurisdiction.
The second thing that they all have to write is "a short and plain statement of the claim showing that the pleader is entitled to relief[.]" In this new lawsuit, there are plenty of statements but not one of them is short and none of them is plain.
It is a press release that was filed in the Court file.
It does not show that the pleader is entitled to relief. It misses by a mile.
Another thing that the judge ordered two days after the motion was filed was to state why the alleged owner of the searched premises is entitled to relief – and what relief is it, exactly, that he is requesting from her.
So, to say once again, it's on to Friday, August 26, 2022.
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